Smt. Smita Gupta v. Chhattisgarh Gramin Bank

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WA No. 649 of 2015 • Smt. Smita Gupta W/o Late Sandeep Gupta, Aged About 33 Years R/o Anupam Nagar, House No. 14, Rajnandgaon, Chhattisgarh , Chhattisgarh ---- Appellant

Versus

• Chhattisgarh Gramin Bank Through The General Manager, Administration Head Office, Raipur, District Raipur Chhattisgarh, Chhattisgarh ---- Respondent For Appellant :

None.

For Respondents :

None.

Hon'ble Shri Ajay Kumar Tripathi, CJ Hon'ble Shri Parth Prateem Sahu,J Order on Board Per Ajay Kumar Tripathi, CJ 03/10/2018

1. Since the compassionate appointment can only be granted to a dependent of a permanent employee and admittedly the husband of present appellant was appointed on 3.11.2011 on probation and died within three months of such appointment without being confirmed or completing his probation, rejection of claim for compassionate appointment by the learned Single Judge vide order dated 11.9.2015 cannot be said to be an erroneous view to take.

2. Compassionate appointment even otherwise is not a fundamental right and is a creature of a policy. In absence of such provision and admittedly the husband of appellant not being a regular employee of the bank, dismissal of the writ application seems to be in order.

3. The writ appeal has no merit, the same is liable to be dismissed and is hereby dismissed.

(Sd/- Sd/- (Ajay Kumar Tripathi) (Parth Prateem Sahu) Chief Justice Judge roshan/-